Download or read book The Principles of the Law of Property in South Africa written by Hanri Mostert and published by Oxford University Press, USA. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Principles of the Law of Property in South Africa provides a rich source of expertise and a lively and approachable introduction to the principles of property law. --

Download or read book Human Rights and the Transformation of Property written by Stuart Wilson and published by . This book was released on 2021-06-30 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Human Rights and The Transformation of Property, leading human rights lawyer Stuart Wilson develops a novel theory of how law leads to social change and what the prospects are for South Africa's Constitution to shape a more just distribution of property. Wilson questions long-held beliefs about the nature of land reform and the appropriateness of the concept of ownership as a way of organising access to land and property in South Africa. The book gives an overview of key aspects of constitutional and common law property rights - including the rights of ownership, possession and eviction; the rights associated with leases and mortgages; the National Credit Act; and the PIE Act - and discusses how they interact. It shows how recent developments in the law of eviction, rental housing, mortgage and consumer credit have opened up new spaces in which unlawful occupiers, tenants and debtors are challenging the power of landlords and financial institutions to dispossess them. By triggering a radical restructuring of property law, Wilson argues, the Constitution may yet keep the promise of a South Africa that belongs to all who live in it. Human Rights and The Transformation of Property offers the most up-to-date critical account of recent developments in residential lease law, mortgage bond law and eviction law, and provides a policy rationale for these developments. It will be a valuable teaching text for law students and a reference guide for law and humanities academics, legal practitioners, NGOs and activists.

Download or read book Property Rights in South Africa written by and published by . This book was released on 1999 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Principles of the Law of Property in South Africa written by Hanri Mostert and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Land Title in South Africa written by D. L. Carey Miller and published by Juta. This book was released on 2000 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This important new work is the first comprehensive survey of South African land law following the sweeping land reforms enacted during the past decade. It considers the substance and working of these reforms in the context of the pre-existing common law and legislation. An outline of the main features of the South African landholding before 1990 is followed in a detailed discussion of the established procedures of registration, prescription nad alternative forms of title. Registration in terms of the Deeds Registries Act remains a fundamental aspect of the acquisistion of real rights in land, and chapters dealing with these subjects constitute an authoritative source of reference for the property practitioner and conveyancer, the consultant and developer. They revise and update the corresponding chapters from The Acquisition and protection of Ownership (Juta, 1986) by the same author, which is relied upon by practitioners and the courts as a standard reference in the field of property law. The land reform programme is examined in the context of these pre-existing procedures, and with reference to the history of discriminatory landholding and constitutional property provisions. The result is a coherent account of land title in South Africa at the end of the 20th century."

Download or read book Land Tenure Challenges in Africa written by Horman Chitonge and published by Springer Nature. This book was released on 2022-01-01 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a significant contribution to the literature on land reform in various African contexts. While the economic evidence is clear that secure property rights are a necessary condition for catalysing broad-based economic development, the governance process by which those rights are secured is less clear. This book details the historical complexity of land rights and the importance of understanding this history in the process of trying to improve tenure security. Through a combination of single country case studies, comparative case studies and regional comparisons, the book is unequivocal that good governance is paramount for improving the performance of land reform programmes. All attempts at moving towards more formal secure tenure require congruence with informal norms, beliefs and values, and a set of clear systems and processes to avoid corruption and unintended negative consequences.

Download or read book Constitutional Property Law written by Andries Johannes Van der Walt and published by . This book was released on 2005 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Successor to the 1997 publication : The constitutional property clause : a comparative analysis of section 25 of the South African Constitution of 1996.

Download or read book Introduction to the Law of Property written by Andries Johannes Van der Walt and published by Juta and Company Ltd. This book was released on 2009 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Security Rights in Intellectual Property written by Eva-Maria Kieninger and published by Springer Nature. This book was released on 2020-06-11 with total page 711 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the main legal and economic challenges to the creation and enforcement of security rights in intellectual property and explores possible avenues of reform, such as more specific rules for security in IP rights and better coordination between intellectual property law and secured transactions law. In the context of business financing, intellectual property rights are still only reluctantly used as collateral, and on a small scale. If they are used at all, it is mostly done in the form of a floating charge or some other “all-asset” security right. The only sector in which security rights in intellectual property play a major role, at least in some jurisdictions, is the financing of movies. On the other hand, it is virtually undisputed that security rights in intellectual property could be economically valuable, or even crucial, for small and medium-sized enterprises – especially for start-ups, which are often very innovative and creative, but have limited access to corporate financing and must rely on capital markets (securitization, capital market). Therefore, they need to secure bank loans, yet lack their own traditional collateral, such as land.

Download or read book The Constitutional Protection and Regulation of Property and its Influence on the Reform of Private Law and Landownership in South Africa and Germany written by Hanri Mostert and published by Springer. This book was released on 2002-12-15 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The degree to which the traditional concept of property can be adjusted in order to accommodate basic constitutional concepts such as freedom and social duty, is analysed by the author. The focus is placed on recent reforms in the land law of Germany and South Africa. Remarkable similarities in the history, structure and interpretation of German and South African property law and constitutional law are indicated and a link between private law, constitutional law, land reform and legal comparison is established. This is of particular significance for the implementation of the constitutional objectives of land reform by the South African judiciary and legislature. It furthermore provides an overview of the intricate system of constitutional property protection that has been developed in German law.

Download or read book Transformative Property Law written by Gustav Muller and published by . This book was released on 2018 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transformative Property Law honours Professor AJ Van der Walt (1956-2016) - scholar, mentor, and teacher. As the first incumbent of the DST/NRF South African Research Chair in Property Law his primary research goal was to develop the theoretical foundations for the transformation of property law in post-apartheid South Africa. Transformative Property Law consists of 20 essays by a combination of senior and young scholars from South Africa, the United States of America, the United Kingdom, Ireland, the Netherlands, Belgium, and Zimbabwe. The essays focus on the themes that Professor Van der Walt developed during the first 10 years of the research chair, namely: (a) the single system of law and subsidiarity principles; (b) the marginality principle; (c) the development of the common law of property; (d) constitutional property law; and (e) property theory. This volume also includes a list of all Professor Van der Walt's research outputs and a list of all the Masters and Doctoral students that he supervised during his career. Transformative Property Law covers topics that are on the forefront of global thinking on property law and will be a valuable resource for subject specialists, researchers, advanced students, practitioners and the judiciary alike. Juta's Property Law Library is aimed at revisiting and reassessing the whole of South African property law, which includes uncodified common law that is mostly embodied in case law, academic writing and legislation, to establish: - how each aspect of property law was influenced by apartheid law; - its response to the new constitutional dispensation (including land reform), and; - whether it can make a contribution towards the transformation of South African law and society. For this purpose, Juta's Property Law Library will eventually consist of a number of monographs, each of which is focused on a specific aspect of property law.

Download or read book We Want What s Ours written by Bernadette Atuahene and published by . This book was released on 2014 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: Millions of people all over the world have been displaced from their homes and property. Dispossessed individuals and communities often lose more than the physical structures they live in and their material belongings, they are also denied their dignity. These are dignity takings, and land dispossessions occurring in South Africa during colonialism and apartheid are quintessential examples. There have been numerous examples of dignity takings throughout the world, but South Africa stands apart because of its unique remedial efforts. The nation has attempted to move beyond the more common step of providing reparations (compensation for physical losses) to instead facilitating dignity restoration, which is a comprehensive remedy that seeks to restore property while also confronting the underlying dehumanization, infantilization, and political exclusion that enabled the injustice. Dignity restoration is the fusion of reparations with restorative justice. In We Want What's Ours, Bernadette Atuahenes detailed research and interviews with over one hundred and fifty South Africans who participated in the nations land restitution program provide a snapshot of South Africas successes and failures in achieving dignity restoration. We Want What's Ours is globally relevant because dignity takings have happened all around the world and throughout history: the Nazi confiscation of property from Jews during World War II; the Hutu taking of property from Tutsis during the Rwandan genocide; the widespread commandeering of native peoples property across the globe; and Saddam Husseins seizing of property from the Kurds and others in Iraq are but a few examples. When people are deprived of their property and dignity in years to come, the lessons learned in South Africa can help governments, policy makers, scholars, and international institutions make the transition from reparations to the more robust project of dignity restoration.

Download or read book Private International Law in South Africa written by Elsabe Schoeman and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Authors. List of Abbreviations. General Introduction. Part I. General Principles (Choice-of-Law Technique). Chapter 1. Sources of PIL. Chapter 2. Connection. Chapter 3. Basic Terms. Part II. Rules of Choice of Law. Chapter 1. Persons. Chapter 2. Obligations. Chapter 3. Law of Property. Chapter 4. Intangible Property Rights. Chapter 5. Company Law. Chapter 6. Family Law. Chapter 7. Succession Law. Part III. Annex: International Civil Procedure (ICP). Chapter 1. Sources of ICP (National Law, International Conventions). Chapter 2. The Principle of Lex Fori. Chapter 3. National Jurisdiction. Chapter 4. International Jurisdiction. Chapter 5. Acceptability (Recognition) and Enforcement of Foreign Judgments. Selected Bibliography. Index.

Download or read book Intellectual Property Protection in Africa written by George Michael Sikoyo and published by . This book was released on 2006 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Principles of the Law of Property in South Africa written by P. J. Badenhorst and published by . This book was released on 2020 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The principles of the law of the property in South Africa, Second edition, offers a thorough, current and accessible introduction to the general principles of property law in South Africa. Including diverse perspectives, the edition foregrounds discussion of constitutional perspectives to engage with critical issues and debates that arise within the current, dynamic socio-economic context. The texts presents fundamental principles within a clear and applied conceptual framework, and is designed to support independent, enquiring and critical engagement with a subject matter."--Back cover.

Download or read book Property Without Rights written by Michael Albertus and published by Cambridge University Press. This book was released on 2021-01-07 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new understanding of the causes and consequences of incomplete property rights in countries across the world.

Download or read book Rights to Land written by William Beinart and published by Jacana Media. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The issue of land rights is an ongoing and complex topic of debate for South Africans. Rights to Land comes at a time when land redistribution by government is underway. This book seeks to understand the issues around land rights and distribution of land in South Africa and proposes that new policies and processes should be developed and adopted. It further provides an analysis of what went so wrong, and warns that a new phase of restitution may ignite conflicting ethnic claims and facilitate elite capture of land and rural resources. While there are no quick fixes, the first phase of restitution should be completed and the policy then curtailed. The book argues that land ownership and administration is important to rural democracy and that this should not be placed under the control of traditionalist intermediaries. Land restitution, initiated in 1994, was an important response to the injustices of the apartheid era. But it was intended as a limited and short-term process - initially to be completed in five years. It may continue for decades, creating uncertainty and undermining investment into agriculture. Rights to Land is published in partnership with Good Governance Africa (GGA).